Legal Opinion

Swenson v. Kennedy

South Dakota Supreme Court

Decided July 15, 1946No. File No. 8806PublishedCited by 1 opinion

1Opinion of the CourtSmith, J.

That the purported will of Kathryn A. Kennedy had not been published as provided by law, was the single issue raised by appellant by her objection to the probate thereof. The county court sustained the will. Contestant appealed to the circuit court where the matter was heard de novo. The findings, conclusions and judgment were adverse to the contestant, and she has appealed to this court.

It is provided by SDC 56.0210:

“Every will, other than a nuncupative will, must be in writing, and every will, other than an olographic will and a nuncupative will, must be executed and attested as follows:
“(1)…

2Cases cited4 opinions

  1. Ross v. TaylorSouth Dakota Supreme Court · 1917
  2. Houck v. HultSouth Dakota Supreme Court · 1934
  3. Kenobbie v. KrauseSouth Dakota Supreme Court · 1941
  4. Kittleson Estate v. KittlesonSouth Dakota Supreme Court · 1919

3Cited by1 opinion

  1. In Re Houda's EstateSouth Dakota Supreme Court · 1956

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